Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund

The government seems to be interested in stimulating the production and commercialization of
carbon credits. In this sense, the current National Policy of Climate Change states that the State
will promote “the interest of private, public, and community organizations and of civil society
to identify projects and submit them to the processes of qualification, selection and approval
to participate in the carbon market.” 97
It is important to point out, however, that the SPC of 2008 seems to indicate the intention
of the Ecuadorian State to nationalize “ecosystem services”, 98 including “carbon absorption”. 99
Thus, Article 74 of the Constitution states that ecosystem services will not be susceptible to
appropriation and that the State will regulate their production, provision, use and exploitation.
For now it is possible to confirm that the execution of REDD projects by indigenous
people and communities in their territories is legally viable. According to the legislation analyzed,
they not only have ownership over the forest resources in their territories, but they also have
political autonomy over their regulation and administration, which facilitates the development
of contractual agreements for activities of avoided deforestation, recuperation of degraded
areas, and the maintenance conservation areas.
At this point in time, the constitutional interpretation and the development of the
jurisprudence by the recently created Constitutional Court100 will be decisive in defining the real
extent of indigenous people’s recognized rights with regards to the natural resources which exist
in their territories. It is worthwhile to remember that the principal threat to indigenous territories
in the Ecuadorian Amazon is the exploitation of petroleum in their lands, given that this resource
is considered property of the State and its exploitation is done independently of the territorial
rights of indigenous people, which has received criticism from numerous sides.
97 Climate Change Strategy (2006) http://www.bvsde.paho.org/bvsacd/cd68/EcuClima.pdf.
98 SPC 2008. Article 74. “People, communities, villages and nationalities will have the right to benefit from the
environment and the natural riches which will permit them a good life. The ecosystem services will not be
susceptible to appropriation; their production, provision, use and exploitation will be regulated by the State.”
99 National Biodiversity Policy and Strategy of Ecuador 2001- 210 – “1. Capturing international financial resources
to direct them to the unmet needs of key regions, ecosystems, species, sectors or groups: debt for nature swaps,
global payments for goods and ecosystem services (for example, carbon capture, royalties for the use of genes)
and capture of donations.”
100 SPC 2008. Art. 427. – The constitutional provisions are interpreted by the wording that best suits the
Constitution in its entirety. If in doubt, they will be interpreted in the way that most favors the full force of
the rights and better respects the will of the constituent, and in agreement with the general principles of the
constitutional interpretation.
Av o i d e d d e f o re s t A t i o n (redd) A n d i n d i g e n o u s p e o p l e s: experiences, chAllenges A n d o p p o r t u n i t i e s in t h e A m A zo n c o n t e x t 55